In the matter of Phoenix Rising Investments Pty Limited (ACN 123 623 754) [2015] NSWSC 2096

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Phoenix Rising Investments Pty Limited (ACN 123 623 754) [2015] NSWSC 2096 Hearing dates: 23 July 2015 Date of orders: 23 July 2015 Decision date: 23 July 2015 Jurisdiction: Equity Before: Brereton J Decision: Orders 22 and 23 of 4 June 2015 be stayed until hearing of interlocutory application. Catchwords: PROCEDURE – application for stay – where contended that payment in conformity with orders may render fund non-compliant with (CTH) Superannuation Industry (Supervision) Act 1993 – where no basis to relieve defendants of liability to pay – held, more appropriate to require payment of funds into court – where defendants claim they need time to pay – application for time to pay to be made with appropriate evidence Legislation Cited: (CTH) Superannuation Industry (Supervision) Act 1993 Cases Cited: Grace v Grace [2012] NSWSC 976 Category: Procedural and other rulings Parties: David Alexander Grace (plaintiff) Deborah Sharon Grace (first defendant) Julienne Grace (second defendant) Nevilda Holdings Pty Ltd (third defendant) Nevilda Investments Pty Ltd (fourth defendant) Dutchie Pty Ltd (sixth defendant) Phoenix Rising Investments Pty Ltd (seventh defendant) Representation: Counsel: E Eagles (plaintiff) D Raphael (first, second and seventh defendants/applicants)

Solicitors: James Tuite & Associates (plaintiff) Clinch Long Letherbarrow Pty Ltd (first, second & seventh defendants/applicants) File Number(s): 2006/259566